State v. Bibbins

Full title: THE STATE v. BIBBINS

Court: Court of Appeals of Georgia

Date published: Apr 13, 2006

630 S.E.2d 134 (Ga. Ct. App. 2006)

630 S.E.2d 134

Opinion

A04A1305.

DECIDED APRIL 13, 2006.

Motion to suppress. Spalding Superior Court. Before Judge English.

William T. McBroom, District Attorney, Thomas J. Ison, Jr., Assistant District Attorney, for appellant.

Virgil L. Brown Associates, Virgil L. Brown, Eric D. Hearn, Ronald J. Ellington, for appellee.

BERNES, Judge.

In Bibbins v. State, 280 Ga. 283 ( 627 SE2d 29) (2006), the Supreme Court of Georgia reversed the judgment of this Court in State v. Bibbins, 271 Ga. App. 90 ( 609 SE2d 362) (2004). Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own. Furthermore, pursuant to the Supreme Court's instruction, we vacate the trial court's order entered in this case and remand for entry of a valid ruling on Bibbins' motion to suppress.

Judgment vacated and case remanded with direction. Ruffin, C.J., Andrews, P.J., Johnson, P.J., Miller, Ellington and Adams, JJ., concur.

BERNES, Judge.

DECIDED APRIL 13, 2006.